Court of Brescia, 29 January 2026, No. 1247
Tribunale
di Brescia
Legal Principle
A statutory arbitration clause that refers to arbitrators disputes between the company and its members concerning available rights, containing a general reference to institutional arbitration under Legislative Decree No. 5/2003, must be interpreted as meaning that the arbitrability extends exclusively to disputes concerning rights relating to the corporate relationship, to the exclusion of disputes concerning contractual relationships of a different nature, even where the latter relate to rights deriving from the corporate relationship, where the determination sought neither presupposes nor entails the examination of corporate rights and relationships.
Methodological Notes
standard
How to cite
Tribunale di Brescia, 29/01/2026, n. 1247, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-brescia-29-january-2026-no-1247-1774443275-3844/